Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-25
BOxD's DECISION JRRssRsED.
Judge Hughes's special Rule Of
Practice Set Aside.

When the argument in Mr.. William
L. Royals ha6eas-cOrpus case WAS
concluded Wednesday afternoon before
Judge Hugh L. Bond, Of the United
States Circuit Court, the Judge said
that this was an important case and he
would put his opinion in writing. 1t
was then thought that Judge Bond
would render his decision yesterday,
but when the court met the Judge said
to counsel that he would reserve his
decision until he comes here in April.
Mr.. Royal mean time is constructively
under charge OF the United States mar
shall
On the Dist of December, 1886. Judge
Hughes ordered as a special rule of
practice in the Circuit Court that all
persons bringing suits at law against
officers of the State of Virginia for
trespass for levying upon their proper
ty after a tender of the States tax
receivable coupons be required TO de-
posit their coupons with the clerk OF
the court. Judge Bond yesterday re-
voked and set aside this rlle, and in
his written opinion on this subject says
This is a motion 10 set aside rule passed at
the last session Of the Circuit Court requiring
parties who bring actions at law Tor tre5pass
against treasurers or other collectors oi taxes
for ievying upon their property after the ten
der Of coupons 10 file such coupons with the
clerk, together with the money, If any, rendered
at the same time. II these were actions 20 re-
cover back money paid under duress when
coupons were rendered and refused, or we're
erf n
lectors 10 receive coupons In payment OF
taxes, there might be some reason and ne
cessiiy for the rule. But these actions are
In trespGss for tort. They are not brought TO
recover back the money collected by IN e levy,
but to punish the wrongful act. The party
suing owes no taxes, because the collector, by
his levy, has paid them, but no Is entitled 70
have any wrong redressed that no may have
suffered by the illegal levy. IL would be no
answer 10 his suit nor would II abate II, for the
collector 20 offer to return the property taken
upon the delivery OF the rendered coupons
Ii Is otherwise where the suit Is I'm equity TO
enioin the collector from making the levy
There the Taxpayer must not only allege his
tender Of coupons, but as they have not been
accepted, and the collector is entitled 70 have
them. be must make perpetual tender OF
them, which he does by Ming them with the
clerk for the acceptance OF the collector when
ever he is ready 10 give receipt for the taxes
due.
But in these cases OF uespass were tho col
lectOr 70 restore the property taken by the
Illegal levy and give receipt for al taxes
levied for without reserylng the rendered colt
pons the suit could still go on, and such re-
storatOn and release on his part would go oaIy
In mitigation Of damages and not 70 defeat the
cause Of action.
Under these circumstances we sec no reason
for filing the coupons or placing the money
rendered In court We could do nothing with
IL after verdict but restore II TO the plaintiff
fer 10 compel him 10 hand 1t over 20 the State
officer, TO whom he Is not indebted, but who,
by the record, II indebted 10 him for q tort COM
mittcd, would be TO deprive him of his pro-
perty arbitrarily and without due process OF
law. D
The Judge left the city yesterday for
IynchburQ.